Yes, You Can Sue a School for Child Injury In Washington

Discovering that your child has been injured or emotionally distressed due to negligence or misconduct at school can leave you feeling helpless and uncertain about how to protect their rights.

Navigating the complex legal landscape of school injury claims in Washington can be daunting, especially when facing well-protected public school districts that seem impenetrable due to sovereign immunity and bureaucratic red tape.

This blog aims to provide guidance on safeguarding your child’s rights and they receive the justice and support they deserve. Can you sue a school district in Washington? Here’s what you need to consider.

School Injury Claims: Know Your Rights

Parents and children have rights in a school. It is reasonable to expect that your child will be kept safe. When a child is injured at school, parents have the following rights:

• To sue the school district: The concept of sovereign immunity has been eliminated in Washington state for most government entities. This includes schools.
• To sue individual negligent parties: This includes seeking a lawsuit against a teacher or coach, for example, for their actions. This is in addition to their legal actions against the school district.

However, although you are able to sue the school district, the process is very specific, with numerous limitations. The process starts with filing a Notice of Tort Claim. This must be done prior to filing a lawsuit against any governmental entity in Washington state (e.g., a state agency, city, county or public school). More so, it must be presented to the proper authorities. Once filed, you must wait 60 days before you can seek legal action through a lawsuit. It is critical to follow these steps before filing a lawsuit against a city, state, or county organization.

The notice of tort claim process does not typically apply to a private school whereas it does for a public school. That is because private schools do not have the same governmental protections. Speak to an experienced attorney to learn about your options.

Legal Representation for Education-Related Lawsuits in Washington State

The complexity of education-related lawsuits warrants the use of an attorney with specific experience in this field. There are several key reasons for this.

First, the law firm provides clarity on the legal rights of the child and parents, who are in a rather difficult and sometimes unclear situation. Choosing a personal injury attorney with experience facing a school board or school district could help provide more specific and extensive insight into those rights and limitations. Filing a lawsuit against a school employee or district is not easy to do, and getting any type of restitution can be even more challenging.

Second, ultimately, a personal injury attorney helps legitimize the adversarial court system. Over time, the outcome of this case may impact the outcome of others and school decisions in the future.

Specifically, experienced attorneys may:

• Guide injured families through the litigation process against schools and institutions with clarity
• Provide clear explanations and insights into the complicated areas of the law
• Offer strong strategy development
• Provide sound, accurate advice that is up to date with current laws of the state

Can You Sue a School District in Washington?

Personal injury cases often come down to evidence and understanding your rights after your child’s injury. Suing a school public school district is a legal option you have if your child suffered injuries related to negligent actions on part of that district. There is no sovereign immunity in place, which means you can seek action against a public school, provided certain steps are taken.

What makes the process more challenging is following the very specific rules and steps to seek out a claim against a school district. It requires following very specific procedures to file a notice of tort claim and to seek out the appropriate responsible parties.

What Are the Grounds for Suing a School District for School Injury Claims?

Pursuing a lawsuit against government agencies, including school districts, requires careful planning, though the laws are similar to other personal injury cases, whether that is a car accident or a slip and fall case. The main grounds for suing a school district for a child’s injury at school are:

1. Negligence: The primary basis of a lawsuit against a school district is to show negligence. This means showing the school district had a duty of care, failed that duty of care, that failure led to the incident causing the injury, and the child suffered emotional or financial loss from it.
2. Negligent supervision: This could include claims related to the school failing to properly supervise the child or failing to intervene in an incident that led to the injury.
3. Negligent hiring or training: This may apply if parents can show the school district failed to properly train or vet its safety, which directly led to the child’s injury.
4. Defective equipment: If the child’s injury was caused by faulty or defective equipment provided by the school, that may be grounds for a lawsuit.

Suing Public Schools: A Closer Look at Washington State Laws

There is a significant difference in the legal process for suing a private school versus suing a public school or personal injury claims in Washington state.

Procedures and Protections Across States

The process of establishing a duty of care, cause of action, and seeking out a claim is different than simply filing a claim with an insurance company after a car accident. There are often numerous questions about this process.

How Long Does it Take to Sue a School District?

It may take several years from the point of submitting a tort claim to the final resolution in court. The timeframe may be shorter in some situations where the school district or applicable school offers a reasonable settlement to resolve the case faster.

Obtaining timely legal advice when initiating legal action against a school district must be considered. From a legal perspective, you may have a bit of time to take action. However, the evidence, witness statements, and other factors that could support your case may become more challenging to find over time.

Taking Legal Action: Steps and Considerations

For those who wish to take legal action against a school due to injuries on a school bus, at the school itself, or other losses, the following steps must be taken:

• File a Notice of Tort Claim: This is the first step and serves as a type of administrative complaint.
• Wait 60 days: After filing that tort claim notice, you will then need to wait a full 60 days before a lawsuit may be filed.
• File the lawsuit: After that 60-day period, it is possible to seek action against the school district or related government entity.

This process is specifically defined under RCW 4.96.020. It must be followed for the legal action to be effective.

Do Washington School Districts Have Sovereign Immunity?

Though many people are unsure if they can take legal action against a government agency in Washington, our attorneys offer clarity on the ability do to so noting that public schools are subject to liability much like any other governmental organization. This means that parents can sue public school districts for negligence or on other grounds in the same way they would seek legal action against a private entity. As noted, they must file a notice of tort claim before being able to file a lawsuit against the child’s school and apply the specific requirements during that process.

Understanding School Liability for Physical Injuries and Negligence

The duty of care exists in schools. Proving that that duty of care existed in this situation and that the school district, which is generally the entity that is sued, is responsible requires careful consideration of the facts.

Not all bullying or violence at a school can be considered carelessness. To show that the district may be responsible, you must show that the school knew or should have known about the potential danger to the child and, in knowing that, the school district failed to take appropriate actions or precautions to protect the student. In these situations, it may be possible to prove that the school is liable for the losses.

Ultimately, it is critical to have verifiable evidence of this incident. To do that, parents should seek legal advice from an attorney with experience in this area.

Key Considerations Before Suing a School or School District

Prior to making the decision to take legal action against a school or school district, the following should be evaluated.

Cause of Action for School District Lawsuits

To file a personal injury lawsuit, the parent must understand the cause of action and duty of care. This includes understanding the specific type of claim and the evidence to support it, whether it is due to a student’s injury on the playground, classroom, or other area. More so, it must be clear to demonstrate that the school knew of the risk and had time to correct it but failed to do so. Some examples of potential claims could include:

• Unsafe premises
• Inadequate supervision
• Negligent hiring or training
• Failing to address bullying
• Unsafe equipment on school grounds
• Sexual harassment
• Transportation accidents
• Disabilities related matters

Potential Outcome

It may be possible to seek legal action against a school district but there is no specific outcome expected. More so, the type of compensation received is dependent on numerous factors, including the implications to the child’s future.

Choosing the Right Lawyer

Selection of a personal injury attorney with experience in education law is valuable. It allows you to avoid common mistakes in personal injury lawsuit filing that could lead to insight and support.

McPartland Law Offices: Your Dedicated Defense in School Injury Claims

Washington education laws and other types of lawsuits require very specific knowledge and experience from an attorney. Choosing an attorney that understands what you have lost, shows compassion for your complications, and offers clear legal strategy and advice is critical. McPartland Law Offices provides that. With over $50 million won for clients and over 150 5-Star Reviews, you can trust that our attorneys will protect your child.

Testimonials

“Knowledge, research, and attention to detail were second to none. I highly recommend McPartland Law Offices for all of your legal needs.” — Larry D.

“They handled everything for us, which relieved a lot of stress throughout the process. I highly recommend.” — Chris B.

Ready to Stand Up for Your Child’s Rights?

These types of lawsuits can be challenging but may be critical when your child suffers injuries due to the school’s negligence. Seek out help and get more insight into your rights by contacting McPartland Law Offices at 509-495-1247 or fill out on online form.